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  • Minutes of Settlement Conference

    Good morning, everyone!

    Two weeks ago, I had a Settlement Conference. The OCL lawyer was there, but we didn't see a judge as X indicated he wanted to settle. (Right there at the courthouse? Is this standard? Couldn't that have been done elsewhere?)

    Anyway, we didn't end up seeing a judge or hearing directly from the OCL. Both of our lawyers sat in a room, would come out now and then with offers, etc.

    After two hours, we reached an agreement.... Which is all I had in my motion in the first place, regarding S15, but I agreed to cut the retro CS in half. I also agreed to no past S7, but I don't care about this. (Amounted to about $14 K less than what he owes in retro and last year's S7).

    So.... We reach this agreement. My lawyer spends copious amounts of time handwriting the verbal agreement for Us to sign. X looks at it, says he will agree to it. But won't sign it.

    He now refuses to sign it. Fine. He has not made any other offer and gives no sign that he intends to. Is this some kind of tactic?

    Recommendations for my next steps?

    We have a Minutes of Settlement booked for next week. What happens now?

    Thanks!

    Ps - if it matters, my lawyer told me that through this, his lawyer was strongly recommending to X that he take the "deal."
    Last edited by Qrious; 12-03-2013, 09:40 AM.

  • #2
    From minutes of settlement, and if all issues are dealt with then a judge would normally grant a Divorce Order.

    The Applicant would stand in front of the judge sworn in. The Applicant lawyer would then go over the Minutes of Settlement.

    Divorce Order Granted.

    Your Ex has agreed to minutes of settlement negotiated in good faith by both counsel.

    I wouldn't want to be your Ex standing in front of that judge. Then think of costs awards as well if you then have to motion or trial.

    Let the lawyers handle it.... You just have to sit back and observe.

    Comment


    • #3
      Thanks, Limer. It was a motion to change, but I get what you're saying.

      It IS costs that I am worried about - costs to ME if he continues this crap, it doesn't go to trial and there are no cost awards.

      This is such a frustrating and very expensive system. All for bs that shouldn't have happened in the first place.

      Comment


      • #4
        Originally posted by Qrious View Post
        So.... We reach this agreement. My lawyer spends copious amounts of time handwriting the verbal agreement for Us to sign. X looks at it, says he will agree to it. But won't sign it.

        He now refuses to sign it. Fine. He has not made any other offer and gives no sign that he intends to. Is this some kind of tactic?
        What a bozo. He agrees, but won't sign? Why not? That implies he disagrees with something. What does he accomplish by not signing something he agrees with? Just delaying the implementation of it, and annoying you.

        Comment


        • #5
          lol. Yes. Bozo would be correct.

          This is why I posted - I can't for the life of me figure out what's going on. At first, I thought he needed to get his wife's permission to sign it, but it's been a couple of weeks and nothing.

          My lawyer called his to find out what's going on, but his lawyer won't say anything.

          Aside from irritating me, what could be his motive? He hasn't expressed that he now disagrees with something in it, he hasn't made a new offer....

          Do I just push for this to go to trial now and hope for costs, or wait it out? If there are no "minutes of settlement" to share at the court date next week, will a trial date be automatically be set?

          Comment


          • #6
            It's frustrating I'm sure. Just a thought here but....

            As opposed to a "separation agreement" where just the parties sign with their lawyers, is it possible to write it all up as an "order" where the other side has 9/10 days to approve it as to form/content. If they don't approve they have to state their reasons, etc...

            Comment


            • #7
              Update: Settled. It's over!

              At first, X did not respond, did not sign, nothing. We did not hear from his lawyer, even after numerous calls.

              Then the morning of court for minutes of settlement or set trial date, my lawyer calls me and says X agrees for the most part but would like some changes. The morning of court? Not yesterday, the day before, last week?! Nonsense.

              I had had enough and was VERY confident in my position, so I told me lawyer to request trial date. I'm done. He told me the requested changes, and I said no. I've had enough being walked all over and played with and I want a trial so I can win my costs back. Are you sure? Yes.

              He tried to talk me out of it, but I stood ground. Set a trial date, I'm done with the games.

              I got an email later that day. X settled on original agreement. Minutes of settlement to judge to put into final order. It's over.

              For now.

              Comment


              • #8
                E X C E L L E N T !!!! Great strategy has paid off for you.

                Comment


                • #9
                  Thanks Arabian! And just to clarify - I did not truly intend to go to trial with this... I was calling his bluff, so to speak, and letting him know that I was done being a doormat.....

                  ... and I had a pretty strong case to begin with..... and the settlement offer was way more than fair to him.....and knowing money is his only motivator.... I was pretty sure his lawyer would advise him to take the original deal...

                  Now I await the final lawyer's bill. Groan.

                  OCL involvement was a huge disappointment and a waste of time and taxpayers money, by the way.

                  Comment

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